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Jo C.
Jo C., Barrister
Category: UK Law
Satisfied Customers: 69374
Experience:  Over 5 years in practice.
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I have an issue with a possible contrived tenency .I have

Customer Question

HI I have an issue with a possible contrived tenency .I have been renting with same tenants for 10yrs .the rent is below market rent.they only pay the amount they get from Ihb
I kept the rent low because they looked after the house
payment is payed direct to the letting agent
Will I be prosecuted for this who will pay the ovet payment tenant or landlord
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.

Sorry but I'm not sure what the artificial issue is?

Customer: replied 1 year ago.
Can you give someadvice will I need to pay the money back or could they take the house of me
Expert:  Jo C. replied 1 year ago.

What is the artificial issue with the tenancy?

Customer: replied 1 year ago.
Sorry I don't understand what you mean of artfitical issue
Customer: replied 1 year ago.
Is it not classed as contrived tenancy if I am charging a low rent
Customer: replied 1 year ago.
Sorry can you help
Expert:  Jo C. replied 1 year ago.

Ok.

Why do they say it is contrived?

Customer: replied 1 year ago.
I think the reason they say this is because it is a low rent which equals the hb payment .they are good tenants so I left it low...The letting agent recieved the rent direct and manages the property..I pay them a fee and also pay my taxes..do you see a problem. Thanks for your help
Expert:  Jo C. replied 1 year ago.

Do you have any connection to the tenant?

Customer: replied 1 year ago.
No connection
Expert:  Jo C. replied 1 year ago.

I don't think that is likely to amount to a contrived tenancy. This is just a cheap tenancy because you haven't increased the price. There is no particular connection to this tenant or reason to keep the rent low.

Otherwise there is clearly an agreement as a letting agency manages it.

They might want an explanation but I cannot see a case at this stage.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
No thanks for your advise
Expert:  Jo C. replied 1 year ago.

No problem and all the best.

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